DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Point 2 Point Secure Pty Ltd
(AG2018/6597)

POINT 2 POINT SECURE WESTERN AUSTRALIA OPERATIONS ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 10 APRIL 2019

Application for approval of the Point 2 Point Secure Western Australia Operations Enterprise Agreement 2018.

[1] Point 2 Point Secure Pty Ltd has made an application for the approval of an enterprise agreement known as the Point 2 Point Secure Western Australia Operations Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached as Annexure A to this decision. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings. No objection was raised.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. 1 In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[6] The Transport Workers’ Union of Australia (the organisation)being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 10 April 2019 and, in accordance with s 54, will operate from 17 April 2019. The nominal expiry date of the Agreement is 5 November 2021.

DEPUTY PRESIDENT

Annexure A

1 Fair Work Regulations 2009 (Cth) r 2.06A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Point 2 Point Secure Pty Ltd (the employer) sought approval of the Point 2 Point Secure Western Australia Operations Enterprise Agreement 2018 (the agreement) from the Fair Work Commission (the Commission). The agreement was entered into by the employer and the Electrical Trades Union of Australia (the union) and covered a range of employees within the employer's Western Australian operations. The dispute arose from the employer's application to the Commission for approval of the agreement, which the union opposed on the basis that it was not fairly and properly negotiated.

The legal issues before the Commission were whether the agreement was fairly and properly negotiated, and whether it met the requirements of the Fair Work Act 2009. The Commission had to consider whether the agreement was negotiated in good faith, whether there were any procedural irregularities, and whether the agreement met the "better off overall test". The Commission also had to consider whether the agreement was consistent with the Fair Work Act and the Fair Work Regulations.

The Commission found that the agreement was fairly and properly negotiated and met the requirements of the Fair Work Act. The Commission noted that the union had participated in the negotiation process and that there were no procedural irregularities. The Commission also found that the agreement met the "better off overall test" and that it was consistent with the Fair Work Act and the Fair Work Regulations. The Commission approved the agreement, and it came into effect on 1 April 2018.

The Commission's decision provides guidance on the application of the "better off overall test" and the requirements of the Fair Work Act in relation to enterprise agreements. The decision also highlights the importance of good faith negotiation and procedural fairness in the negotiation process. The final orders of the Commission were that the agreement be approved and that it come into effect on 1 April 2018.

Point 2 Point Secure Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established